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London Borough of Southwark v Mills, Baxter v LB Camden [1999] 3 WLR 939 House of Lords

Mills & Baxter were tenants in council properties owned by the defendants. Their complaints related to the lack of soundproofing in the flats which meant they could hear the day to day activities of their neighbours such as walking across the floor, using the toilet, watching television. They brought actions in nuisance against the Council.

Held:

There was no nuisance. Nuisance is based on the concept of reasonable user. The use of the flats was reasonable. The claimants had not sought to argue that the neighbours created excessive noise or act in ways which were unreasonable. The council could not therefore be liable for authorising a nuisance that did not exist.
Back to lecture outline on nuisance in tort law